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| Public Act 103-0261
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| SB2322 Enrolled | LRB103 26751 CPF 56407 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the |
Essential Support Person Act.
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Section 5. Definitions. In this Act: |
"Department" means the Department of Public Health. |
"Essential support" means support that includes, but is |
not limited to: |
(1) assistance with activities of daily living; and |
(2) physical, emotional, psychological, and |
socialization support for the resident. |
"Facility" means any of the following: a facility as |
defined in Section 10 of the Alzheimer's Disease and Related |
Dementias Special Care Disclosure Act; an assisted living |
establishment or shared housing establishment as defined in |
Section 10 of the Assisted Living and Shared Housing Act; a |
Community Living Facility as defined in Section 3 of the |
Community Living Facilities Licensing Act; a facility as |
defined in Section 2 of the Life Care Facilities Act; a |
continuum of care facility as defined in Section 10 of the |
Continuum of Care Services for the Developmentally Disabled |
Act; a facility as defined in Section 1-113 of the Nursing Home |
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Care Act; a MC/DD facility as defined in Section 1-113 of the |
MC/DD Act; an ID/DD facility as defined in Section 1-113 of the |
ID/DD Community Care Act; a hospice program as defined in |
Section 3 of the Hospice Program Licensing Act; a Supportive |
Residence as defined in Section 10 of the Supportive |
Residences Licensing Act; a facility as defined in Section |
1-102 of the Specialized Mental Health Rehabilitation Act of |
2013; a home, institution, or other place operated by or under |
the authority of the Department of Veterans' Affairs; an |
Alzheimer's disease management center alternative health care |
model under the Alternative Health Care Delivery Act; and a |
home, institution, or other place that is a State-operated |
mental health or developmental disability center or facility. |
"Facility" does not include a hospital as defined in the |
Hospital Licensing Act or any hospital authorized under the |
University of Illinois Hospital Act. "Facility" does not |
include any facility that the Department of Public Health or |
the Department of Veterans' Affairs does not regulate. |
"Office" means the Office of State Long Term Care |
Ombudsman. |
"Person-centered care plan" means a care plan for a |
resident developed by the resident or resident's |
representative in consultation with health professionals that |
focuses on the resident's physical, emotional, psychological, |
and socialization needs and describes the resident's right to |
designate a primary essential support person or secondary |
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essential support person. |
"Primary essential support person" means a person |
designated by a resident, or the resident's representative, |
who has access to the resident in accordance with rules set by |
the Department to provide essential support according to the |
resident's person-centered care plan. |
"Resident" means a person who is living in a facility or is |
seeking admission to a facility. "Resident" includes a |
guardian of the person or an agent for the person under a power |
of attorney. |
"Secondary essential support person" means a person |
designated by the resident, or the resident's representative, |
to serve as a backup to a primary essential support person.
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Section 10. Essential support persons. A resident or the |
resident's representative may designate a primary essential |
support person and a secondary essential support person who |
shall have access to the resident despite general visitation |
restrictions imposed on other visitors, provided that the |
primary essential support person or secondary essential |
support person complies with any rules adopted by the |
Department under Section 15 to protect the health, safety, and |
well-being of residents. A facility must explain to a resident |
or the resident's representative what a primary essential |
support person and a secondary essential support person are.
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Section 15. Statewide policy; disaster declaration. |
(a) The Department shall establish a statewide policy for |
visitation with a resident. The policy shall apply to all |
facilities and shall incorporate a resident's need for health, |
safety, and well-being, including, but not limited to, the |
essential support provided by a primary essential support |
person or secondary essential support person. |
(b) If the Governor issues a proclamation under Section 7 |
of the Illinois Emergency Management Agency Act declaring that |
a disaster relating to a public health emergency exists, the |
Department shall, in accordance with applicable federal |
requirements and guidance, set forth requirements for access |
to a resident, provided that the requirements shall |
incorporate a resident's need for essential support provided |
by a primary essential support person or secondary essential |
support person. The requirements shall include, but need not |
be limited to, the circumstances, if any, under which a |
facility may restrict visitors, including, but not limited to, |
primary essential support persons and secondary essential |
support persons designated by a resident. The requirements |
shall address, at a minimum, the following: |
(1) Arrangements for regular visitation by visitors |
and other residents through various means, including, but |
not limited to: |
(A) outdoor visitation; |
(B) the use of technologies to facilitate virtual |
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visitation when all other forms of visitation are |
unavailable; and |
(C) indoor visitation, including, but not limited |
to, indoor visitation 24 hours per day, 7 days per week |
when the resident is nearing the end of his or her life |
as determined by any one or more of the resident's |
attending health care professionals. |
(2) The needs of a resident for physical, emotional, |
psychological, and socialization support based on the |
resident's person-centered care plan. |
(3) Safety protocols for all visitors to a facility, |
including, but not limited to, primary essential support |
persons or secondary essential support persons, if the |
Governor issues a proclamation under Section 7 of the |
Illinois Emergency Management Agency Act declaring that a |
disaster relating to a public health emergency exists. |
(4) Allow access to a resident by a primary essential |
support person or secondary essential support person |
despite general visitation restrictions, provided that the |
primary essential support person or secondary essential |
support person complies with safety protocols established |
by the Department. |
(5) If a resident has not designated a primary |
essential support person, a requirement that facility |
staff work with the resident or the resident's |
representative, a family member of the resident, or a Long |
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Term Care Ombudsman to identify a primary essential |
support person and provide him or her access to the |
resident.
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Section 20. Office of State Long Term Care Ombudsman |
requirements. |
(a) The Office of State Long Term Care Ombudsman shall: |
(1) identify, investigate, and resolve complaints that |
relate to an action, inaction, or decision that may |
adversely affect the health, safety, welfare, or rights of |
residents, including the welfare and rights of residents |
with respect to primary essential support persons and |
secondary essential support persons. |
(2) provide services to protect the health, safety, |
welfare, and rights of residents, including, but not |
limited to, services designed to address the impact of |
socialization, visitation, and the role of primary |
essential support persons or secondary essential support |
persons in the health, safety, and well-being of |
residents; |
(3) inform residents of available means of obtaining |
the services described in paragraph (2); |
(4) recommend any changes in the laws, rules, or |
policies of this Act or actions required under this Act |
that the Office determines to be appropriate; and |
(5) facilitate public comment on the laws, rules, or |
